Bonum Certa Men Certa

Max Planck Institute Pours More Water on the Dying Unitary Patent (UPC)

Max Planck Institute



Summary: The Max Planck Institute gives another sobering reality check for Team UPC to chew on; there's still no sign of any progress whatsoever for the UPC because even Team UPC appears to have given up and moved on

THE EPO does not need the UPC and certainly does not want it. The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal).



"The management of the EPO, i.e. Team Battistelli, wants the UPC and has plenty to gain from it, including an excuse to shut down the Boards (or at least making them highly irrelevant, marginal)."When we refer to the UPC we refer to a dubious court system wherein the accused can be subjected to judgments in a foreign language, issued overseas by judges whose reappointments depend on a subjective measure of 'performance'. The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him. It's for France to benefit from, as usual. Do not forget that António Campinos is also French and the 'French' (Forbes France is actually US-controlled) media wrote about him yesterday evening ("Pourquoi La France Doit Rester Présente Dans La Gouvernance Des Brevets Européens"). As we pointed out less than a day ago, Forbes is a patent maximalists' think tank.

What about think tanks that aren't beholden/controlled by billionaires? Well, the Germans often take pride in the Max Planck Institute, among few other institutions. And guess what the Max Planck Institute has to say about UPC...

"The French head/chief of UPC (this position was promised to France) is possibly Battistelli, who allegedly quite arrogantly assumes he can return to being 'king' (of a court this time around) with all the powers 'reserved' just for him."Florian Müller and Benjamin Henrion point to Team UPC's Thomas Adam, who himself admitted this problem in a series of three tweets: "From Max Planck Institute for IP : „[...] unitary patent protection cannot be dissociated from the general legal order of the EU’s Internal Market & extended to the UK once it has left the Union. Any such extension is incompatible with the autonomous [...] character of EU law and its institutions, will result in a legally split unity for separate and separately regulated markets, and conflict with both the UK’s and the EU’s public interests in defining and implementing a patent policy of their own. [...] Since the core objective of the UPC Agrmt is to establish for the adjudication of UP protection a common court of EU Member States that, as such, forms part of the judicial system of the EU, continued participation in the UPC Agrmt of the UK post Brexit _will not be possible_.“"

Benjamin Henrion supplied the direct PDF link [PDF], getting past the paywall.

Perpetuating the two lies of Team UPC (in the UK), the UK-based Patrick Wingrove from a UK-based UPC advocacy site wrote about it last night:

An association of German research institutes has concluded in a paper that extending unitary patent protection to the UK post-Brexit through an international convention would create a “fictitious unity” that is incompatible with EU law

An association of German research institutes concluded in a paper published this week that the UK remaining in the UPC system after Brexit would be incompatible with EU law.


Well, UPC is dead, but Team UPC's propaganda sites (with track record at that) try hard to keep it afloat in headlines. The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK. If the UPC was to be altered (redone), it would open up the possibility of countries like Turkey and some north African nations participating also, necessitating their ratifications as well. Tricky and time-consuming, no?

"The key takeaway here is that UPC is only open to EU members and if Britain leaves the Union, then the whole UPC cannot have dependencies in it (as it does) relating to the UK."From what I've read, Turkey's patent system is a corrupt thing plagued with nepotism and government favouritism. It's hard to see why anyone other than a Turkish firm or a Turk would apply for patents there, but days ago there was shameless self-promotional marketing by Fatih YalinbaÅŸ (Nazali) in Mondaq, published under the headline "Reasons For Making First Application In Turkey" (if it sounds like an advertisement, it may be because it really is).

Turkey is not an EU member. If Brexiters get their way, the UK won't be either. This means that the UPC goes nowhere and the three Frenchmen (below) remain hopeless, having spent a lot of effort pushing the UPC for many years (self interest, not Europe's interest).

The three Frenchmen

Recent Techrights' Posts

Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
 
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025
Latvia (and Lithuania) Stepping Away From GAFAM, Microsoft
Windows becomes unessential as Android and GNU/Linux rise
Microsoft Layoffs Are Infectious (Don't Get Acquired or Become a Partner)
It seems like companies choosing to become "buddies" with Microsoft are dooming themselves and their products
The Fall of the Open Source Initiative (OSI): The OSI Election is Rigged, Biased Against People Who Oppose the Openwashing of GPL-Violating Bots Operated by Microsoft for Profit (OSI Gets Paid to Promote This)
they reckon that pretence of calm would serve them best, helped by puff pieces
A Closer Look Inside the EPO, Courtesy of Benoît Battistelli's Submissive Lapdogs Roberta Romano-Götsch and Elodie Bergot
new report comes from the Local Staff Committee Munich (LSCMN)
In Vietnam, statCounter Sees Microsoft Windows Falling Below 7% "Market Share"
Can Microsoft still demand $500 or more per Windows licence?
Links 10/03/2025: Staff Strikes, Mass Layoffs in Gaming Industry
Links for the day
Gemini Links 10/03/2025: "Eat The Rich" and Two-Year Anniversary of the 'Space Elevator' Orbit (Like 'Webring')
Links for the day
Links 10/03/2025: Small Web Praised, LLM Chatbots Exposed as Worse Than Useless Again
Links for the day
A Call for GNU/Linux and BSD Developers to Unite Against GAFAM and the Regime They Empower
We have long encouraged and continue to encourage people who value Software Freedom to altogether boycott GAFAM
The Ludicrous Mythology of Commonality as Signal of Value, Merit, Popularity
Devalue what's true, promote marketing?
[Video] Richard Stallman on the Four Essential Freedoms (Manuel Cuda News, 2025)
Added to a channel several days ago by Manuel Cuda News
Gemini Links 10/03/2025: Realisation About Young People, Punks, and Discord IPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 09, 2025
IRC logs for Sunday, March 09, 2025